This property operated as a gasoline station run by Time Oil Company as part of the Gilles Shopping Center alongside the Highlander Market in Kelso. Three gasoline underground storage tanks were decommissioned and removed in March 1991, with petroleum contamination subsequently identified in groundwater at the site. The property was enrolled in the Voluntary Cleanup Program and has since received a No Further Action determination. That history could support an insurance cost recovery claim against carriers who issued insurance policies 40+ years ago.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Washington. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
The gasoline station at this property was an established operation with underground storage tanks that, based on standard tank lifecycles, were almost certainly installed well before 1986 — the year occurrence-based Commercial General Liability policies gave way to claims-made forms with absolute pollution exclusions. The documented petroleum contamination in groundwater and the remediation undertaken through the Voluntary Cleanup Program trace back to fueling infrastructure put in place during the era when CGL policies routinely covered such releases. Historical carriers who wrote occurrence-based policies for the operators during that pre-1986 window may still bear obligation for those cleanup expenditures.
Restorical's role is to locate viable historical policies, determine whether a successful cost recovery claim is possible, and assist our clients and their legal counsel to obtain insurance coverage for costs already incurred. Restorical's forensic accounting team works to re-establish and document past cleanup expenditures, ensuring the strongest possible basis for recovery.
If this site reached No Further Action years ago, the original cleanup expenditures may be difficult to reconstruct. Restorical's forensic accounting team specializes in re-establishing and documenting past cleanup costs — even decades later — to build the strongest possible basis for an insurance recovery claim.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.